How to End a Tenancy Agreement as a Landlord in Surrey  

As a landlord in Surrey, you need to understand how to end a tenancy properly.  

Whether you own property in Esher, Cobham, Claygate or Hinchley Wood, the process depends on the type of tenancy agreement and its terms. This guide explains everything you need to know about ending tenancies legally 2025.  

When Are You Allowed to End a Tenancy? 

You can end a tenancy in different ways depending on whether you have a fixed term tenancy or a periodic tenancy. Most tenancies in Surrey are Assured Shorthold Tenancies (ASTs). It’s essential to know that you cannot ask tenants to leave without following the correct legal processes first. 

During a fixed term tenancy, there are only a couple of reasons you can end a tenancy early. 

• Your contract includes ‘break clauses’ which allow for the tenancy to be ended 

• The tenant breaks the specific terms of the agreement (like not paying rent, damaging the property or subletting without your knowledge) 

When the fixed term ends, the tenancy usually becomes a periodic tenancy. This means it continues month-to-month, based on the rental payment period, in an indefinite manner until the landlord or tenant chooses to end the tenancy. 

Excluded tenancies or licences (like lodger arrangements) have different rules to follow entirely. You may only need to give ‘reasonable notice’ to end these tenancies as a landlord, but it is worth looking into the government guidelines specifically. 

How Much Notice to End a Tenancy in Surrey? 

The notice period depends on which type of notice you use. For most ASTs in Surrey, you must give at least two months’ notice when using a Section 21 notice (though this is due to change under the new Renters Rights Bill). 

For a Section 8 notice, the notice period varies according to the grounds you intend to use to evict the tenant. For example: 

• No valid right to rent in the UK: Currently two weeks’ notice 

• Demolition or redevelopment of the property: Currently 2 months’ notice 

The exact time depends on which grounds from the Housing Act 1988 you use under Section 8. 

For periodic tenancies using Section 21, you must give at least two months’ written notice. The notice must end on the last day of a rental period. 

What Notice Should I Give My Tenants? 

Section 8 Notice & Procedure 

Technically, you should use a Section 8 notice when tenants break the terms of their tenancy agreement. That said, it might still be wiser to evict them using a Section 21 notice to avoid the drawn-out court proceedings commonly associated with Section 8 notices. Nevertheless, here are a few examples of the grounds you might use to evict tenants: 

Mandatory grounds – where the court must grant you possession of the property if proven: 

• Ground 8: Two months’ rent arrears (two weeks’ notice) 

• Ground 1: Landlord needs property as their home (must give prior notice before tenancy starts) (two months’ notice) 

• Ground 2: Mortgage lender wants to repossess (two months’ notice) 

Discretionary grounds – where the court decides if eviction is fair, and whether to grant you repossession:

• Ground 11: Always paying rent late (two weeks’ notice) 

• Ground 12: Breaking tenancy terms (two weeks’ notice) 

• Ground 14: Antisocial/illegal behaviour (no notice needed) 

You must use and fill out Form 3 on the government website to proceed with a Section 8 eviction, and state which grounds apply in your case. The written notice must include details of the breach and the earliest date you can go to court. Fill in the certification of service form (N215) to keep a record of serving the notice. 

Section 21 Notice & Procedure 

A Section 21 notice is the so-called ‘no-fault’ eviction route. This allows you to repossess the property without a specific breach in the tenancy agreement, but simply to repossess the home according to your needs. This will end when the Renters Rights Bill becomes law. Until then, you must follow these guidelines to use the notice: 

• Protect the tenancy deposit in an approved scheme within 30 days of receiving the deposit 

• Give tenants a valid Energy Performance Certificate (EPC) at the beginning of the tenancy 

• Provide a valid gas safety certificate within 28 days after the check was carried out  

• Give tenants the How to Rent guide before they occupy the property 

• Wait until after the first four months of the tenancy to serve the notice, or once the fixed term has ended. 

• If your property is an HMO, it must have the correct licence to serve a S21 notice. 

• You can’t serve the notice if the council has supplied an ‘improvement notice’ in the past 6 months. 

• You can’t serve the notice if you have charged any illegal fees in contravention of the Tenant Fees Act 2019. 

The notice period is at least two months for this type of notice. Use Form 6A and state when you can start court proceedings (not when tenants must leave). 

How to Serve Notice to the Tenants 

You must serve notice correctly. Any mistakes could make it invalid. Deliver your written notice by either: 

• Handing it to the tenant (get a signed receipt) 

• Sending it by recorded delivery 

• Leaving it at the property (only if the tenancy agreement allows) 

• Email (only if the tenancy agreement allows) 

Always keep proof you’ve served notice, including: 

• Copies of the completed notice 

• Post office receipts 

• Photos if you leave it at the property 

• Any replies from the tenant 

You’ll need this evidence if you go to court for a court order, and need to make your case for legal eviction. 

Ending a Tenancy After the Renters Rights Bill 

The Renters Rights Bill will probably become law late on in summer 2025, with full implementation ranging from October 2025 to January 2026. This is not a guaranteed timeline, but is likely given the current pace of its movement through parliament. 

Major changes include the abolishment of Section 21 notices, with all existing ASTs becoming periodic tenancies automatically once the bill becomes law. There will be new, Section 8 grounds for evicting tenants which change and encompass the old Section 21 notices. For example: 

• Ground 1 (changed): Landlord or family moving in – only after the first 12 months, and with 4 months’ notice to tenants. 

• Ground 1A (new): Landlord wants to sell – only after 12 months, and with 4 months’ notice. 

• Ground 8 (changed): Rent arrears based eviction increases from two to three months arrears before a notice can be served, with four weeks’ notice notice to give rather than three.

The new rules will apply to all tenancies on the same date, with the above just being a small selection of the coming changes to tenancies. Even fixed term contracts signed before the bill passes will immediately become periodic tenancies.

What Rules Do I Need to Follow When Ending a Tenancy? 

You must follow certain legal requirements in order to give a tenant notice, and then evict them legally. It’s essential to treat your tenants courteously throughout the process, ensuring that nothing you do could be interpreted as harassment.

For example, you can’t change the locks, enter their property without permission, refuse to do repairs or anything that hints at aggression. This is a crime, and entirely undermines the goal of evicting the tenant, as you could be prosecuted, with the tenant making a claim against you instead.

It goes without saying that you have to follow the procedure set out by the government to evict tenants, this includes filling out the correct notice and forms, like Form 6A for Section 21 and Form 3 for Section 8. You will have to follow the correct notice periods too. 

As outlined earlier, for Section 21 notices, you must ensure that you have set up the tenancy correctly, with a valid EPC, correct landlord licence (if needed), providing the How to Rent Guide and more. These actions must have been taken at the beginning of the tenancy for Section 21 eviction to legally proceed.

What is the Procedure if Tenants Refuse to Leave? 

1. Serve the Notice 

Begin by serving the correct notice to the tenant. If you’re using Section 21, this is a “no-fault” eviction and doesn’t require a reason. The notice must give the tenant at least two months’ notice, and you must use Form 6A. You must also ensure that it is done in line with the tenancy agreement, aligned with the break clause (if there is one).

If you’re using Section 8, this is a fault-based process for when the tenancy agreement has been broken. You must state the legal grounds you’re relying on to evict the tenants – such as Ground 8 for two or more months of unpaid rent – and use Form 3. The notice period depends on the grounds. 

Notices should be delivered in a way that provides proof—by hand, recorded delivery, or email (if the tenancy agreement allows it). 

2. Wait for the Notice Period to End 

Once the notice is served, you must wait for the notice period to expire. If the tenant leaves by the end of this period, great. If the tenant remains, you’ll have to apply to the court for a possession order and proceed with eviction. 

3. Apply to Court for Possession 

If the tenant doesn’t leave, you must start legal proceedings. 

For Section 21, you can apply for an accelerated possession order, which doesn’t require a court hearing unless the tenant disputes the claim. You’ll need to complete Form N5B and pay a court fee of £404. Tenants will usually have 14 days to raise any important objections to the notice which can be considered by the court.

For Section 8, you must apply for a standard possession order, which usually does involve a court hearing. You’ll need to complete Forms N5 and N119, and pay a £404 court fee. The court will set a date for the hearing. 

4. Attend Court (Section 8 only) 

If you’ve used Section 8, a court hearing will take place where a judge will review your evidence. If successful, the court grants a possession order for the tenant to leave within 14 or 28 days (though sometimes longer). In rarer cases, you may have to attend court for a Section 21 eviction. This happens when the tenant raises a valid objection to your notice, for example, if you have never given them a valid EPC when the tenancy began.

5. Enforce Possession with Bailiffs (if Necessary) 

If the tenant still doesn’t leave after the possession order deadline, you can apply for a warrant of possession, using form N325. so that the bailiffs can carry out the eviction. This costs £148 and may take another 2 to 6 weeks, depending on availability within the court system. 

IMPORTANT NOTE: The court will send an EX96 ‘notice of appointment’ form confirming the eviction date. You must fill out and return the form to confirm the eviction, or it will be cancelled. 

In urgent cases, you can request High Court enforcement, though this involves more paperwork and higher fees. 

Find out more in our dedicated guides for landlords, coving a range of subjects, from the new Renters’ Rights Bill to landlord responsibilities.

Understand landlord notices to end a tenancy? 

Ending a tenancy requires careful attention to the rules and a lot of patience. If you need guidance on legal evictions, or advice regarding difficult tenants, then don’t hesitate to get in touch. We can help you manage your rental property effectively, and find you the right tenants to ensure that the chances of eviction are minimised.